Loading...
HomeMy WebLinkAboutminutes.council.20000410Regular Meeting Aspen City Council April 10~ 2000 Mayor Richards called the meeting to order at 5:05 p.m. with Councilmembers Paulson, Markalunas, Hershey and McCabe present. PROCLAMATION - Month of the Young Child Mayor and Council proclaimed April 2000 the "Month of the Young Child" and extended thanks to those who care for children and encouraged continuation of total community involvement in the needs of young children in this community. Shirley Ritter, Kid's First, told Council the parade and kid's fair will be held in the fall rather than April due to weather concerns. Council is invited to a provider appreciate party April 27th. PROCLAMATION -National Telecommunicators Week Mayor and Council proclaimed the week of April 9 through 15 as National Telecommunicators Week in honor and recognition of the vital contribution of dispatchers to this community. CORE PRESENTATION - Award for Clean Power Randy Udall presented Council with an award as the city of Aspen is buying more wind energy than any other business in Colorado and is one of the top 3 cities nation wide in terms of percentage of energy coming from wind power. CITIZEN PARTICIPATION 1. Richie Cohen requested Council direct staff to install portapotties in the parks early this season. The parks department has said that the first priority is ball fields. Cohen said the weather is good and children are playing in the parks and portapotties are needed now. 2. Brian Flynn, representing ACES and the City Parks Department, told Council the Earth Day and Arbor Day celebrations will be held Saturday May 13th and will be held in conjunction with CORE, RMI, ACES. The activities will begin at 10:15 a.m. with a river clean up. The city will be having its tree give away on this date. Regular Meeting Aspen City Council April 10~ 2000 3. Shay Singer, representing Sashay and the Flower Shop, asked Council to schedule an agenda item on the way the farmers' market is being run. Ms. Singer suggested the participants be reviewed by a local board and be opened up to local vendors. Ms. Singer said she does not think the farmers' market representatives have the community's best interest at heart. Mayor Richards said the farmers group put the whole idea together and has taken an active role in running the market. Mayor Richards said she would not want the community to lose what has been achieved. Julie Ann Woods, community development department, said the farmers' market is a wholesale operation, not retail. Steve Barwick, city manager, told Council the farmers' market has requested changes in their operation to include more vending. Staff will review this request and will come back with suggestions. COUNCILMEMBER COMMENTS 1. Councilman McCabe noted the Pitkin County Democratic precinct 2 caucus will meet Tuesday, April 11 at 5:30 p.m. at the courthouse. 2. Councilman McCabe said his daughter goes to East High in Denver. Her government and political class won the state championships in Constitution. They are going to Washington D.C. in May to represent Colorado in the national competition. Councilman McCabe said anyone who can financially support this endeavor could contact him for details. 3. Councilman Markalunas announced there is a conference sponsored by the city, Transportation in the West, April 16 and 17th. 4. Councilman Markalunas commended the streets department for the great job in washing the streets. 5. Councilman Markalunas said there was an article in the Aspen Times recently on global warming that pointed out last summer was the warmest in 104 years. The city has committed to having at least 15 percent of their energy from renewable energy. It is important that the city keep up this commitment. 6. Councilman Markalunas urged everyone to slow down and to stop at stop signs. 2 Regular Meeting Aspen City Council April 10~ 2000 7. Councilman Hershey said a constituent complained that they did not get a chance to speak to Council at brown bag today. Councilman Hershey said Council needs to have rules about brown bag lunches. Mayor Richards suggested a sign up sheet at brown bag lunches. Steve Barwick, city manager, recommended this be a topic at Council's retreat. 8. Steve Barwick, city manager, requested Council add to the consent calendar a letter to the U. S. Bureau of Reclamation about water releases from Ruedi. Councilman Markalunas moved to add this letter to the consent calendar; seconded by Councilman McCabe. All in favor, motion carried. CONSENT CALENDAR Councilman McCabe moved to read ordinances #10 and 11; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE NO. 10 (SERIES OF 2000) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL FOR LANDMARK DESIGNATION OF 213 W. BLEEKER STREET, LOT G, BLOCK 51, CITY AND TOWNSITE OF ASPEN ORDINANCE NO. 11 Series of 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 24.04.010 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO AMEND THE DEFINITION OF "CHARITABLE ORGANIZATION" FOR TITLE 23 (TAXATION) OF THE ASPEN MUNICIPAL CODE. Councilman Hershey moved to adopt the consent calendar as amended; seconded by Councilman Markalunas. The consent calendar is: 3 Regular Meeting Aspen City Council April 10~ 2000 · Ordinance #10, 2000 - 213 W. Bleeker Historic Landmark · Request for Funds - Aspen Mass Design Competition · Resolution #40, 2000 - Wildlife Resistant Trash Can Contract · Ordinance #11, 2000 - Code Amendment, Definition of"Charitable Organization" · Resolution #44, 2000 - Annexation of Witz Property · Resolution #43, 2000 - National Crime Victims' Rights Week · Letter to Bureau of Reclamation regarding Water Release from Ruedi Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. ORDINANCE #5~ SERIES OF 2000 - Code Amendment Chris Bendon, community development department, told Council this ordinance amends the definition section to clarify terms used throughout the code. The ordinance also amends the vested rights to clarify the difference between a development order and vested rights. The affordable housing amendment deals with criteria under which Council will use to review and exempt affordable housing from scoring and competition procedures in growth management. This also adds a concurrency requirement that the affordable housing unit production have a relation to the mitigation impacts from the project. Nick Lelack, community development department, said the special review code amendment is designed to provide owners of historic landmarks more flexibility in how they provide affordable housing mitigation when they request an increase in floor area. Lelack noted that housing mitigation in the office, commercial and commercial core zone districts must be provided on site. Housing on site is often incompatible with the historic landmark. This amendment would allow the applicant to provide off-site mitigation or cash- in-lieu mitigation. The ordinance has been amended since first reading to allow owners of historic landmarks who are doing an expansion that will not increase the number of employees to apply for waiver or deferment of the affordable housing mitigation. This amendment will give Council the authority to waive, reduce or defer housing mitigation requirement when Council finds no employees are being generated by the expansion. After a public hearing, P & Z voted 5 to 0 against this amendment. P & Z was concerned that 4 Regular Meeting Aspen City Council April 10~ 2000 reducing housing requirements for historic landmarks should be tied to a site specific development plan, the current use and the current operator. Lelack told Council most properties this amendment would apply to will have to go through some type of review. P & Z felt that this amendment should be reviewed in the context of the entire growth management quota system later in the year. P & Z also felt this amendment could set a precedent for the 69 other historic property owners in town. Lelack told Council they will have to make a separate finding that the Explore Booksellers expansion will not generate any employees. Mayor Richards opened the public hearing. Bill Stirling, representing the applicant, told Council Explore Booksellers has been in front of HPC, P & Z and Council for this expansion. A lot of scrutiny has been given to this expansion. Stirling said this has been a difficult time for local businesses and every support the city can give without compromising the city's code, should be given Mayor Richards closed the public hearing. Councilman Hershey said Council heard from a large number of citizens how important an asset Explore is. Councilman Hershey said he is very concerned about a community of empty stores. Councilman Hershey said he is willing to support this code amendment and waiver for Explore Booksellers. Councilman Paulson said he agrees it is good to see businesses thrive in this community. Councilman Markalunas said he supports this ordinance. Aspen has an excellent history in its buildings and Council needs to protect that asset of the community. It is a struggle for owners of historic structures to make ends meet and to maintain a building that was not made for that particular use. Councilman McCabe said the Council has the information necessary to determine this expansion will not generate employees. The applicant has stated the will have an audit to affirm this. Councilman McCabe moved to adopt Ordinance #5, Series of 2000, on second reading; seconded by Councilman Paulson. Mayor Richards agreed the issues raised by P & Z should be looked at carefully. Mayor Richards said the tie to current use or current owners is important. 5 Regular Meeting Aspen City Council April 10~ 2000 Roll call vote; Councilmembers Markalunas, yes; Paulson, yes; McCabe, yes; Hershey, yes; Mayor Richards, yes. Motion carried. RESOLUTION #45~ SERIES OF 2000 - Explore Booksellers Nick Lelack, community development department, said this is a finding that the expansion of Explore Booksellers to .085:1 FAR will generate no new employees and the affordable housing mitigation is waived. There is provision that the housing office will conduct an audit in the year 2001 to determine whether this is true or not. Katharine Thalberg, owner Explore Booksellers, requested the date of comparison be changed from July 1999 to July 1998. Ms. Thalberg explained that was the last period that the bookstore was fully staffed. Councilman Paulson moved to adopt Resolution #45, Series of 2000, amending the date in Section 1 to July 1 to July 30, 1998; seconded by Councilman Hershey. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Markalunas, yes; Mayor Richards, yes. Motion carried. ORDINANCE #6~ SERIES OF 2000 - Williams Ranch PUD Amendment Chris Bendon, community development department, reminded Council there are 4 amendments requested. Bendon showed a plat of the Williams Ranch and Silverlode subdivisions. There is a soil erosion control on the final plat, which is for land in the county owned by the Smuggler land. This is not a requirement of Pitkin County; it is not in the ordinance and staff recommends this be no longer be required. The second request concerns a water feature on open space owned by the Williams Ranch homeowners. Originally the Salvation Ditch went through the property. Council wanted that aesthetic to be recaptured; however, the ditch was covered over and the original aesthetic is completely gone. Both staff and homeowners feel there is no use in creating another ditch. Staff does have a concern about the overall aesthetic of the open space parcel. It was not revegetated very well. The homeowners have tried to re-seed this area. 6 Regular Meeting Aspen City Council April 10~ 2000 The third amendment is regarding a condition to require sidewalks along one side of the road through the subdivision. HPC and P & Z said no sidewalks; however, the engineering department requested sidewalks. The condition was to install sidewalks on one side of the streets. The area is a rural setting and staff does not believe sidewalks will be compatible. This area is not unsafe for pedestrians as it has low traffic volumes. The fourth condition is the trails originally required for this subdivision. There were horizontal and vertical trails required. The vertical trail was developed on the lower two sections; the upper section was only to be finished if there is development above. Only the portion of the horizontal trail across the open space parcel was developed. There is a parcel across city-owned property, which will be built when Council directs. The sections of the horizontal trail that were not built were a middle section across 3 residential lots and the most southern section across a very steep slope which connects to the Molly Gibson park. Council noted concerns of access to the Lani White trail on the east. Bendon said people can access the Lani White trail through Centennial streets. There was also concern about access from Williams Ranch down to the bus stop. Bendon suggested that the homeowner's association coordinate with Centennial to come up with one easement. Bendon told Council the homeowners are against the horizontal trail through lots 33 - 35 as it will be physically on their property. Councilman Markalunas recused himself because his daughter is a homeowner at William's Ranch. John Krueger, parks department, showed Council the trails master plan and how trails would connect in this area. Bendon said P & Z agreed about the soil erosion control, about the water feature, about the sidewalks and felt that the money in escrow for sidewalks should go back to the homeowner's association. P & Z felt the developer should have known the grade and topography for the trails. The promises made to the city should be met. P & Z recommends that all trails be built. Bendon told Council the homeowners have not been able to get an easement from Centennial. Chuck Brandt, representing the developer, said the Centennial homeowners are concerned people will use their parking lot when they are hiking. Brandt said they endorse the vertical trail as well as 7 Regular Meeting Aspen City Council April 10~ 2000 working with Centennial. Brandt told Council when Williams Ranch and Silverlode were finished, there was an extensive review of open items. After that, Williams Ranch said there is not enough room to build the sidewalks, there are privacy impacts on the east west trail, and there is not water available for the water feature. There is money in escrow that can be used for some improvements that the homeowners want to pursue. Mayor Richards opened the public hearing. Ruth, homeowner, said she is happy about not having sidewalks and the water feature and that money should be used for other items. Lisa Markalunas, homeowner's association board member, noted the approved landscaping plan only provides for seeding of the open space parcel, which was done. However, it was not successful and must be done again. Fred Soika, Centennial homeowner, said they feel the developer needs to put more money into the landscaping in between the two projects. On the emergency access, the developer put in the grass pavers but did not restrict the access and it got torn up. Soika said Centennial board has an outstanding bill from the developers for damage to their parking lot that has not yet been paid in full so they do not look favorably on a trail easement. Tracy Hopkins, Williams Ranch homeowner, said the common area has gone from a natural environmental to dirt. The homeowners have put a lot of energy and money into making this a nicer area. Sheldon Fingerman said they do not want sidewalks; there is not enough traffic in the area. The water feature will have no water even if it is built so it seems unnecessary. Fingerman said any money that is returned to the homeowners, they would like to put into landscaping. Fingerman presented photographs of how people currently circulate through the project from Hunter Creek to Smuggler Mine Road two different ways. Fingerman said he does not think constructing a trail is necessary. Barbara Owen, Williams Ranch homeowner, said she would like to see the vertical access completed by the developer. Mayor Richards closed the public hearing. Council agreed they are not interested in pursuing the water feature and that the sidewalks are not necessary. The trail connection is for the benefit of the entire community and Council does not want to give away the trail 8 Regular Meeting Aspen City Council April 10~ 2000 connection. The large free market houses did not go through GMQS and there should be some quid pro quo. Councilman Hershey said he would like the emergency access issue resolved. Councilman Hershey noted it is not the city's job to be the arbiter between the Centennial homeowners, the Williams Ranch homeowners and the developer. Councilman Paulson said he would be willing to approve a combined trail through either Williams Ranch or Centennial. Councilman McCabe said both the trails and the emergency access are important issues to be resolved. Councilman McCabe noted that the sidewalk was initially an obligation of the developer and not having to install it will save enough money to make the trail improvements. Councilman Paulson moved to continue Ordinance #6, Series of 2000, to April 24; seconded by Councilman McCabe. All in favor, motion carried. ORDINANCE #7~ SERIES OF 2000 - Code Amendment Public Projects Review Joyce Ohlson, community development department, said this code amendment addresses the review process for public projects determined to be necessary for COWOP (convenience or welfare of the public). This amendment came from discussions with P & Z and Council about projects when Council sits as owner of a project. The amendment re-orients the process so that P & Z and other interested commissions will be more involved from the beginning. The HPC, P & Z and housing board have reviewed this amendment. HPC's recommendation is that if the project is in the historic district or a historic landmark, that it be reviewed as currently under the land use code. The housing board commented that if Council feels it necessary, the project can have a full review by any board. Ms. Ohlson said the first step is the responsibility of the community development director who will identify what may be eligible as a COWOP project and then make a recommendation to Council. The memorandum to Council will outline the procedures if the project is to be a COWOP project and if it is not. 9 Regular Meeting Aspen City Council April 10~ 2000 In step 2, Council conducts a public hearing and passes a resolution determining whether a project will be eligible to go through the COWOP process. Council will establish a procedure for the project and will establish a task force team to review the proposal. At this step, Council will determine which persons and board members will participate in the review. The task force team will include members from Council. In step 3, the community development department and staff review the proposals for technical items. In step 4, the task force team reviews the application. The task force team meetings are all legal meetings; these will be noticed so that adjacent property owners can participate in the review. The task force team will make a recommendation as to whether the proposal should continue as a COWOP project and a recommendation on which land use approvals need to be obtained for the proposed development. The task force team will also include any conditions necessary for approval. The last step is Council adoption of an ordinance regarding the project. Ms. Ohlson told Council there has been a lot of discussion of this process. Those involved feel a better quality project will result and that the project will reflect the values of the Boards, the adjacent property owners and the community. Another goal of this is a shorter timeline. Ms. Ohlson said the standards of review in the land use code will still be used as something a project must meet. Mayor Richards opened the public hearing. Joy Caudill said she feels it is good to have the technical reviews up front. She would like to see the P & Z review projects and have public hearings. Mayor Richards closed the public hearing. Councilman Paulson asked if transportation corridors will be included as a public project. Ms. Ohlson said it could be; Council makes this determination upon recommendation from staff. John Worcester, city attorney, said if this transportation corridor is owned by the city, it will be a COWOP review. Councilman Paulson said he would like it clear that two citizens-at-large are on any team. Councilman Paulson said he is concerned that projects will be fast tracked and that there will be minimal public input. Councilman Paulson said he does not think there is anything wrong with the present system. 10 Regular Meeting Aspen City Council April 10~ 2000 Councilman Hershey moved to adopt Ordinance #7, Series of 2000, on second reading; seconded by Councilman McCabe. Councilman Markalunas said he, too, has concerns about the perception of a double standard with public sector projects. Councilman Markalunas said he wants to make sure there is scrutiny by the public in this process. Worcester pointed out the first meeting to determine whether the COWOP process should be used is a public meeting. All of the subsequent meetings are public meetings. Council decides who formally sits on the task force. The ordinance to approve or deny the project is a public hearing. Councilman McCabe said the Council has received criticism from people who felt the public was left out in the process or that P & Z was not privy to Council' s processes. Mayor Richards moved to suspend the rules and extend the meeting to 11 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Councilman Paulson said he wants to make sure decisions are not made in executive session. Mayor Richards said it is state law that no decisions are made in executive session. Councilman Hershey moved to end debate and call the question to a vote; seconded by Councilman McCabe. Councilmembers Hershey, McCabe and Mayor Richards in favor; Councilmembers Markalunas and Paulson opposed. Motion carried. Councilman Hershey moved to amend his motion to include "transportation improvements as a type of development that may be reviewed by COWOP"; seconded by Councilman Hershey. Councilman Markalunas said he would like interested parties be defined as citizens without a personal interest. Worcester suggested this be added in "City Council Determination of Eligibility" (c) establish a task force team to review the development proposal and identify at least 2 (two) members of the public, etc. Councilman Hershey amended his motion to include two citizens on the task force; seconded by Councilman Markalunas. 11 Regular Meeting Aspen City Council April 10~ 2000 Roll call vote; Councilmembers Hershey, yes; Markalunas, yes; Paulson, no; McCabe, yes; Mayor Richards, yes. Motion carried ORDINANCE #8~ SERIES OF 2000 - Aspen Highlands Annexation Councilman Markalunas moved to continue the public hearing to April 24; seconded by Councilman Hershey. All in favor, motion carried. ORDINANCE #9~ SERIES OF 2000 -AT&T Franchise Renewal Agreement Steve Barwick, city manager, pointed out the changes in the franchise agreement. The construction bonds has been increased to $100,000. Language has been clarified to make it certain that any other telecommunications provider could share the trenches being opened by AT&T if they are willing to share the costs of the trenching. The agreement specifies that the city can place its telecommunications conduit in AT&T's trenches at costs for piping and installation. If the city were to use this conduit for a competing system, AT&T would be reimbursed at incremental costs. Jim Nieswander, AT&T, said this agreement is a 750 MHz system that will meet the needs of this community for years. Nieswander noted the franchise agreement has been changed to meet some of the city's requests. Nieswander said AT&T is asking for a 10 year non-exclusive agreement as this is a $7 million project. Teri Scott, vice president of government affairs, stated a 10 year term is a compromise. The other 750 MHz upgrades require a 15 year term to pay back the investment. Also there are no communities of this size with a 750 MHz upgrade. The term of 10 years is one of balancing the cost and benefits. Ms. Scott said this contract does not lock AT&T into any particular technology but is the minimum that can be expected from AT&T. This is not a monopoly franchise but is the privilege to run the system in the city' s rights-of-way. Ms. Scott said told Council AT&T is for a commercial environment of open access. AT&T has entered into agreements with at-home and with mind spring for internet services. AT&T has not built an internet system; they are not offering that service. AT&T has no customers in Aspen. Their 12 Regular Meeting Aspen City Council April 10~ 2000 broadband infrastructure will be important real estate; AT&T is willing to negotiate with providers to use that real estate. There are other broad band options; DSL, fixed wireless and satellite broad band. Ms. Scott said the internet is not currently under any government regulations and has thrived in the free market. Ms. Scott said government regulations are certainly not appropriate for just one provider. Mayor Richards opened the public hearing. Nick de Wolfe supports a television franchise; however, 5 years is too long for anything in the computer technology sector. Richard Sherman, founder of rofintug, noted this is a telecommunication contract and the city should not get locked into 10 years as no one can tell what will happen in 10 years. Ed Bastion, owner of aspen.corn, told Council he feels AT&T as a cable television provider is a very good asset and important to keep this a healthy community. Bastion urged Council not to approve a 10 year contract for telecommunications. Bob Elmore, chair of the telecommunications task force, told Council their mission is to create broad band access for the entire valley. Elmore agreed it is critical to only go for a 5 year franchise agreement. Mayor Richards closed the public hearing. Ms. Scott told Council said this is a cable contract, not a telecommunications contract. According to federal law, cable providers are treated differently than telecommunications and internet providers. AT&T is the only cable provider under that federal law. AT&T has agreed that their internet service is a cable service and the city will receive 5 percent of the gross revenues from that service. Ms. Scott said AT&T hopes they can play a role in meeting the communications needs of Aspen; however, they are not going to put millions of dollars into this system without an assurance they can continue doing business for a period to repay the investment. Dale Curt, AT&T district engineer, told Council there is equipment that was not even projected in the $7 million figure. This network will not reach its capabilities in 5 years; it is expandable to reach the needs of the future. Ms. Scott said this agreement commits to the size of the pipe, 750 MHz, and that they intend to build the system to be able to segment down to a minimum of 600 homes per fiber node. Under federal law, cities cannot 13 Regular Meeting Aspen City Council April 10~ 2000 require specific transmission technologies, including the use of fiber or the use of analog versus digital. Phil Overenyder, water department, told Council the city's electric conduit is already buried in the downtown area and the city is concerned about any overlapping construction. The city has an aggressive program of replacing the electric conduit in the next two years. Tom Bracewell, Sanitation District, said he is concerned about AT&T work impacting the sanitation district's utilities. Ms. Scott said AT&T is subject to all applicable ordinances of the city in managing the city's right-of-way. Dale told Council AT&T met with the staff to show the conduit that will be used. Dale said they do not direct bury any fiber. The conduit is ¼ inch thick and can handle 15,000 pounds per square inch of pressure. Bastion said communities are concerned about monopoly over information. Bastion said after 3 or 5 years there should be the opportunity to readdress this and any problems that would occur. Ms. Scott told Council AT&T has no internet provider and has no customers. AT&T will have to sell their service like any other company. Ms. Scott told Council AT&T does not block any content; they are just a gateway that allows all access to information on the worldwide web. Mayor Richards closed the public hearing. Councilman Markalunas said it is important to coordinate all the cable laying efforts between utilities. Councilman McCabe entered the letter from Aspen Sanitation District into the record. Councilman McCabe said he feels a 5 year contract is desirable. Councilman Paulson agreed technology is changing very rapidly and he is concerned about being stuck with a 1 O-year contract. Councilman Paulson said he wants to make sure Aspen gets the best cable system. Mayor Richards agreed she would rather approve a 5 year contract as recommended by citizens involved in the telecommunications industry. Mayor Richards suggested the city manager keep discussing the 5 year possibility with AT&T so that the construction could take place this year. Mayor Richards moved to approve a contract with a 5 year term; seconded by Councilman Hershey. 14 Regular Meeting Aspen City Council April 10~ 2000 Ms. Scott told Council AT&T cannot accept a 5 year term with a 750 MHz upgrade. Ms. Scott suggested a 10 year term with a 5 year technology review that the city and review committee could look at the technology being used by AT&T and determine if any further technology should be implemented. Mayor Richards withdrew her motion; Councilman Hershey withdrew his second. Mayor Richards moved to continue Ordinance #9, Series of 2000, to April 24; seconded by Councilman Markalunas. All in favor, with the exception of Councilman Hershey. Motion carried. RESOLUTION #42~ SERIES OF 2000 -Adopting Ecological Bill of Rights Lee Cassin, environmental health department, said this contains all changes suggested by Council at a recent work session. Ms. Cassin noted the revised action steps are also included in the agenda. Ms. Cassin pointed out the changes Council requested. Right #8 was changed to read ;~the right to open space protected from urbanization and development outside the community growth boundaries as established in the 2000 Aspen Area Community Plan Update and as identified in the Plan's greenfrastructure map". Ms. Cassin showed Council the greenfrastructure map, and noted that the Burlingame parcel is identified as open space or affordable housing. Ms. Cassin said this change is to make sure this right does not contradict the AACP. Dotty Fox said she feels this specificity destroys the generic idea of the ecological bill of rights. Ms. Fox said other communities could adopt this bill of rights if it is left generic. Councilman Hershey said this bill of rights would not preclude construction on privately owned land. Joy Caudill said this bill of rights is supposed to be generic. Mayor Richards suggested that the last whereas clause in resolution #42 be amended to include ~in concert with the AACP as adopted February 28, 2000, including support of the designation of affordable housing sites within that plan" and not include this in the bill of rights itself. Mayor Richards moved to adopt Resolution #42, Series of 2000, amended as above; seconded by Councilman McCabe. 15 Regular Meeting Aspen City Council April 10~ 2000 Councilman Paulson said ecology is defined as a science concerned with the interaction of organisms and their environment. Councilman Paulson said open space, transportation and affordable housing have to meld together. Councilman Paulson said the bills of rights should contain a statement that for humans to exist, there has to be a connection with their environment. Mayor Richards said these rights are fundamental and important, and have been guiding principles for the city. Councilman Markalunas said the city should not displace the natural environment for the sake of housing; humans have to live in harmony with nature. Councilman Markalunas said it is important that the natural environment be protected and that the emphasis on affordable housing is unnecessary. Ms. Fox said the term "designated open space" is to mean that which is approved by the people not just parcels that are not developed. Councilman Markalunas amended the motion to add "affordable housing and the natural environment"; seconded by Councilman Paulson. Councilman Markalunas said he would like housing and the natural habitat have equal emphasis and that the natural habitat is not displaced purely for affordable housing. Roll call vote; Councilmembers McCabe, no; Paulson, yes; Hershey, no; Markalunas, yes; Mayor Richards, no. Motion NOT carried. Roll call vote; Councilmembers Paulson, yes; Hershey, yes; McCabe, yes; Markalunas; yes; Mayor Richards, yes. Motion carried. RESOLUTION #41~ SERIES OF 2000 - Truscott Conceptual PUD Chris Bendon, community development department, told Council the P & Z held 4 meetings to consider issues of affordable housing at Truscott. Council will be adopting this resolution at their next regular meeting. Bendon said Council should look at 4 issues. The first is the intersection at highway 82. P & Z's recommendation is a signalized light, which should be done before any major construction starts. The second issue is the concept of parking garages. Both P & Z and staff support garages. The concept of remote parking has been discussed frequently at P & Z. This is an opportunity to locate remote parking. If parking structures are not included, Council should not preclude these structures from being added in the future. 16 Regular Meeting Aspen City Council April 10~ 2000 Another issue is the restaurant; P & Z did not want this to function as a stand alone use. The final issue is that P & Z favors a high density project and phases I and II should accommodate 100 units. Bendon said quality of life is not necessarily inverse of density; that both can be achieved in one project. One parking space per unit has been provided without the garages. Lee Novak, housing department, showed proposals for the Truscott housing. Novak pointed out in order to get started this fall, the schedule is very tight. Novak said staff does not support limiting the restaurant. P & Z's resolution calls for eliminating the community center from the plan. Novak said this amenity should not be precluded at conceptual. Novak said the design team does not want to see the parking garages as part of this design. Novak said a constant theme in affordable housing is parking versus units. P & Z has recommended density of 100 new units in phase I. Novak recommended Council approve a range of units between 91 units and 108 bedrooms and no more than 108 units and 120 bedrooms. These numbers are for phase I and II. Council agreed the restaurant use should not be limited in order to help make the use work. Mayor Richards said she does not support eliminating the community room as with this many units, a space will be needed. Council agreed. Council agreed they are not in favor of finding funds to put parking in this proposal. The parking structures can be revisited in another application. Council said they would like flexibility in the design. Councilman Paulson said he is concerned that a stoplight will block traffic through the roundabout. Novak noted that the application for a stoplight requires a detailed study of the impact on highway 82, traffic flows, and traffic analysis. Councilman Hershey said he is comfortable with a light at the intersection. Mayor Richards said she feels this intersection has deserved a light for at least 5 years. Councilman Markalunas agreed with Paulson's concerns about the impact of a traffic signal on the roundabout. Councilman McCabe said he favors a signalized intersection. Councilman McCabe said the would like the construction of the pedestrian underpass to go forward. Council agreed to approve a range of units from 91 units and 108 bedrooms to 108 units with 120 bedrooms. Mayor Richards said she would approve a concept including green space and play areas and whatever number of units 17 Regular Meeting Aspen City Council April 10~ 2000 will fit within that concept. Mayor Richards said breaking up the roof lines is important. Mayor Richards said public support for the project will determine support for the reapproving of the real estate transfer tax as well as for phase III. Mayor Richards said creating human dignity and pride of place is very important. Councilman Markalunas agreed it is important to have livability. There is no point of rushing into housing that is not appropriate. Councilman Hershey said he would like to see as much housing is possible. Councilman McCabe said he would like to see the number of units closer to 100; he will support a range and decide what fits in with all the other concerns. Councilman McCabe said head-in parking on one side of the street will increase the density. Councilman Paulson said he supports as much density as can fit in this design. RESOLUTION #39~ SERIES OF 2000 - Electric Bus Lease Randy Ready, assistant city manager, told Council this lease covers 8 months, 4 months in 2000. The lease will be paid up front with a reimbursement provision. The city will have a lien on the vehicle; if the vehicle does not perform up to representations, there will be reimbursement of the lease payments. Ready said the operating issues are still being worked out. Councilman Hershey said he is concerned about spending a lot of money on a 12 year-old vehicle. Jake Vickery told Council the bus was produced in 1995. The issues that are still being worked on are storage, charging, training drivers and RFTA responsibility. This is an experimental demonstration program. This will give the community a sense of an electric vehicle, which is something has been talked about for years. Ready told Council staff is also looking at a diesel/electric hybrid. Councilman McCabe moved to approve Resolution #39, Series of 2000; seconded by Councilman Markalunas. All in favor, motion carried. Councilman Markalunas moved to go into executive session for the purpose of discussing property acquisition and negotiations and an update from the city attorney; seconded by Mayor Richards. All in favor with the exception of Councilmembers Hershey and Paulson, motion carried. Councilman Markalunas moved to suspend the rules and extend the meeting to 11:10 p.m.; seconded by Mayor Richards. All in favor, motion carried. 18 Regular Meeting Aspen City Council April 10~ 2000 Councilman McCabe moved to come out of executive session at 11:15 p.m.; seconded by Councilman Hershey. All in favor, motion carried. Councilman Hershey moved to adjourn at 11:15 p.m.; seconded by Councilman Markalunas. All in favor, motion carried. Kathryn S. Koch, City Clerk 19 Regular Meeting Aspen City Council April 10~ 2000 PROCLAMATION - Month of the Young Child ........................................ 1 PROCLAMATION- National Telecommunicators Week ........................... 1 CORE PRESENTATION - Award for Clean Power .................................... 1 CITIZEN PARTICIPATION ....................................................................... 1 COUNCILMEMBER COMMENTS ........................................................... 2 CONSENT CALENDAR ............................................................................. 3 · Ordinance #10, 2000 - 213 W. Bleeker Historic Landmark .................. 4 · Request for Funds - Aspen Mass Design Competition ......................... 4 · Resolution #40, 2000 - Wildlife Resistant Trash Can Contract ............ 4 · Ordinance #11, 2000 - Code Amendment, Definition of ;~Charitable Organization" ........................................................................................... 4 · Resolution #44, 2000 - Annexation of Witz Property .......................... 4 · Resolution #43, 2000 - National Crime Victims' Rights Week ............ 4 · Letter to Bureau of Reclamation regarding Water Release from Ruedi 4 ORDINANCE #5, SERIES OF 2000 - Code Amendment ........................... 4 RESOLUTION #45, SERIES OF 2000 - Explore Booksellers .................... 6 ORDINANCE #6, SERIES OF 2000 - Williams Ranch PUD Amendment. 6 ORDINANCE #7, SERIES OF 2000 - Code Amendment Public Projects Review ......................................................................................................... 9 ORDINANCE #8, SERIES OF 2000 - Aspen Highlands Annexation ........12 ORDINANCE #9, SERIES OF 2000 - AT&T Franchise Renewal Agreement .................................................................................................. 12 RESOLUTION #42, SERIES OF 2000 - Adopting Ecological Bill of Rights RESOLUTION #41, SERIES OF 2000 - Truscott Conceptual PUD ........... 16 RESOLUTION #39, SERIES OF 2000 - Electric Bus Lease ...................... 18 20